The Crown applied for a treatment order under s. 672.58 of the Criminal Code after the accused, who suffered from schizophrenia, was found unfit to stand trial.
The judge declined to make the order because the accused did not consent to treatment, preferring the civil provincial regime.
The Crown sought certiorari to quash the decision.
The Superior Court found that while the judge erred in law by allowing the accused's lack of consent to override the statutory purpose of the treatment order, the error was not jurisdictional.
The application for certiorari was dismissed.
